Anthony J. Moore v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMay 26, 2020
Docket1D19-3829
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-3829
_____________________________
ANTHONY J. MOORE,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
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Petition for Writ of Habeas Corpus—Original Jurisdiction.
May 26, 2020
PER CURIAM.
Anthony J. Moore petitions this Court for a writ of habeas
corpus, claiming that his 2016 judgment and sentence should be
vacated because the trial court never ruled on his pro se motion to
disqualify the trial judge. We dismiss the petition because Moore
should have raised this claim on direct appeal or by postconviction
motion. See Baker v. State, 878 So. 2d 1236 (Fla. 2004) (finding
that a petition for writ of habeas corpus cannot be used to litigate
issues that the defendant raised or could have raised on direct
appeal or in postconviction proceedings). In any event, Moore’s
claim lacks merit. When Moore filed his motion to disqualify the
trial judge, he was represented by counsel. Thus, the motion was
a nullity. See Thompson v. State, 615 So. 2d 737, 741 (Fla. 1st DCA
1993).
Moore is also warned that any future filings that this Court
determines to be frivolous may result in the imposition of
sanctions, including a prohibition against pro se filings in this
Court and a referral to the appropriate institution for disciplinary
procedures under section 944.279, Florida Statutes (2019)
(providing that a prisoner who is found by a court to have brought
a frivolous or malicious suit, action, claim, proceeding, or appeal is
subject to disciplinary procedures under the rules of the
Department of Corrections).
LEWIS, ROWE, and JAY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Anthony J. Moore, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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